Brussels, 29 September 2011 - The European Commission has requested Italy to take the necessary measures to introduce a risk rating system for road transport undertakings. The deadline for implementing such measures was 1 April 2007. This request takes the form of a reasoned opinion under European Union infringement procedures. If Italy fails to inform the Commission within two months of measures taken to ensure compliance with EU law in this respect, the Commission could refer the case to the European Court of Justice.

The EU rules

Directive 2006/22/EC sets out requirements for the enforcement of the driving times, breaks and rest periods rules for professional drivers (also called social rules) laid down in Regulation (EC) No 561/2006 as well as of the provisions on recording equipment (the tachograph) established by Regulation (EEC) No 3821/85. To ensure more efficient compliance checks, a risk rating system must be introduced by each Member State, based on the relative number and on the severity of infringements committed by an individual undertaking against the social rules and the rules on the use of the tachograph.

The aim of the risk rating system is to promote targeted checks on undertakings with a poor record of compliance.

The reason for adopting a reasoned opinion

The directive was transposed into Italian law by Legislative Decree No 144 of 4 August 2008. It requires the Italian authorities to adopt a decree within twelve months in order to define the criteria and procedures for the risk rating system to be applied to road transport undertakings. Further, it stipulates that a risk class indicator should be assigned to all undertakings on the basis of that ministerial decree. Until now, Italy has not notified the Commission of any national measures establishing a risk rating system.

The practical effect of non-implementation

Failing to comply with the obligation to establish a risk-rating system prevents targeted checks of those road transport undertakings that regularly infringe the social rules. This poses a risk to fair competition, to road safety and to the maintenance of adequate working conditions in the road transport industry.